NORWICH A mother who hit her toddler-aged son and left a hand print on his face, and a man who threw a bar stool at an NPD officer during a bar fight were placed on interim probation by Judge Frank B. Revoir, Jr. in Chenango County Court.
Danielle M. Thompson, 29, Norwich, pleaded guilty to the class D felony of assault in the second degree.
It is alleged on June 18, 2014 at an Elm Street residence in Norwich, Thompson with intent to cause injury did hit her son, leaving a hand print and severely bruising on his face.
District Attorney Joseph A. McBride asked Thompson to explain what led up to the incident on June 18, 2014.
I had recently lost my job, and [my son] was having a rough day with potty training. I put him in time-out a few times and the last time I hit him, said Thompson, while crying.
I have been a mother for eight years, and I have never hit my kids. It will not happen again, added Thompson.
She also said after she hit her son, she picked him up, held him and gave him an icepack to comfort him.
McBride asked Thompson where her son is now.
His father and I signed temporary custody over to his parents while we are working everything out, she said.
We very rarely have a mom in your situation, said McBride. In the next 11 months, all good things can happen as long as you do good things.
Thompson said she has been receiving mental health treatment from the county, and she said she is working with the Department of Social Services, trying to get everything back on track.
Sentencing was adjourned, and Thompson was placed on interim probation for one year.
If she successfully completes interim probation, at the end of the year her felony plea will be withdrawn and replaced with a plea to the class A misdemeanor of assault in the third degree.
She will then be sentenced to three years probation, less time served on interim probation.
If she fails to successfully complete interim probation, she faces a minimum of two years and up to a maximum of seven years in prison, and a minimum of one and a half years up to a maximum of three years post release supervision.
Jonathan R. Buie, Jr., 30, Norwich, pleaded guilty to the class D felony of assault in the second degree.
It is alleged on Nov. 1, 2014 at approximately 2:15 a.m. at Denny's Bar in Norwich, Buie intentionally caused physical injury to Officer Thomas Miller while he was performing a lawful duty by raising a bar stool above his head and throwing it, striking Officer Miller in the head and causing him a concussion.
McBride asked Buie to describe what happened the night of the indicident.
It was crowded. A couple fights broke out, and I had more to drink than usual. It was Halloween, and I was having fun. I wasn't trying to do anything negative, said Buie. I don't remember throwing the chair.
Buie's public defender, John Cameron, said it is not unusual for someone to not have a recollection of doing something because they are so intoxicated.
My client is willing to take responsibility because there were witnesses that said he threw the chair and struck Officer Miller. There is also, I believe, video surveillance of him throwing the bar stool, said Cameron.
Buie told the DA and the Judge that he was very intoxicated, which is why he did not remember throwing the stool.
McBride said Buie has to waive any sort of intoxication defense.
Revoir said he would not accept the plea unless Buie believes he is guilty. He said it is not a probably, maybe, sort of, and that he needs to look at the evidence and acknowledge what he did.
Cameron and Buie discussed matters privately before Buie said, during the bar fight, he did raise the bar stool above his head, threw it and hit Officer Miller, causing injury to him.
According to McBride, Officer Miller said he is okay and that he is not seeking restitution, because his treatment was covered by workers' compensation.
McBride said Officer Miller did not recommend incarceration but instead recommended treatment.
Sentencing was adjourned, and Buie was placed on interim probation for one year with drug and alcohol conditions.
If he successfully completes interim probation, at the end of the year his felony plea will be withdrawn and replaced with a plea to the class A misdemeanor of assault in the third degree.
He will then be sentenced to three years probation, less time served on interim probation.
If he fails to successfully complete interim probation, he faces a minimum of two years and up to a maximum of seven years in prison and a minimum of one and a half years up to a maximum of three years post release supervision.
McBride said Buie did a month in jail for the incident but that he was being given a tremendous chance.
If you hit someone with a chair, you would want them to go to jail, right?
Buie agreed and said he appreciated the opportunity.
You have relatively no criminal history. You are a relative success story. You came out of the streets of Newburgh without a criminal history, which is an accomplishment, said McBride. And I wish you good luck.